(HC) Hebebrand v. McDowell, No. 2:2022cv02271 - Document 37 (E.D. Cal. 2023)

Court Description: ORDER signed by District Judge Troy L. Nunley on 12/15/23 ADOPTING in full 36 Findings and Recommendations and GRANTING 17 Respondent's motion to dismiss. Petitioner's 1 application for a writ of habeas corpus is DISMISSED. The Court DECLINES to issue the certificate of appealability. CASE CLOSED(Kastilahn, A)

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(HC) Hebebrand v. McDowell Doc. 37 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY HEBEBRAND, 12 Petitioner, 13 14 15 No. 2:22-cv-02271-TLN-CKD ORDER v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Respondents. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 19, 2023, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The Court reviewed the file and finds the findings and recommendations to be supported 25 by the record and by the magistrate judge’s analysis. 26 /// 27 /// 28 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY ORDERED that: 1. The findings and recommendations filed October 19, 2023 (ECF No. 36) are ADOPTED IN FULL; 4 2. The Court GRANTS Respondent’s motion to dismiss (ECF No. 17); 5 3. Petitioner’s application for a writ of habeas corpus (ECF No. 1) is DISMISSED; 6 4. The Court DECLINES to issue the certificate of appealability referenced in 28 7 8 9 U.S.C. § 2253; 5. The Clerk of Court is directed to close this case. Date: December 15, 2023 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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